During his speech to the UN General Assembly on Wednesday, 21 September, Ukrainian President Volodymyr Zelenskyy reiterated his request that a special international tribunal be created for the crime of aggression. In the EU, dissonance has started to arise on the issue. In the European Commission’s opinion, it “is important to first make use of existing frameworks, like the International Criminal Court (ICC)”.
However, High Representative of the Union for Foreign Affairs Josep Borrell was reportedly open to the possibility of a special tribunal, according to media outlet Politico Europe.
Czech Minister of Foreign Affairs Jan Lipavský—whose country holds the rotating presidency of the Council of the EU—has also called for a special tribunal to be established (see EUROPE 13024/15).
The ICC can prosecute war crimes and crimes against humanity but not crimes of aggression. This is why Ukrainians want another tribunal, one that can sentence Russia’s highest leaders and not just those who perpetrated war crimes on the ground (see EUROPE 13014/2).
Furthermore, Russia and Ukraine are not members of the ICC, which was established by the Rome Statute. Kyiv has, nevertheless, accepted its jurisdiction and is cooperating with the ICC’s chief prosecutor in the investigation of war crimes and crimes against humanity committed on Ukrainian territory.
“We encourage Ukraine to ratify the Rome Statute”, European Commission spokesperson Christian Wigand told EUROPE. (Original version in French by Léa Marchal)